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Vyavaharamala: a text on Indian jurisprudence

by P. V. Rajee | 2008 | 63,341 words

This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....

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Manu says, if a thing is given to be kept safe in a place and someone comes and takes it by force, then it is known as sahasa. If that thing is taken by someone else and he is not ready to accept that and says that had not done that, then it is known as 'steyam'43. Narada says, Dravyas are of three types- ksudradravyam [ksudra-dravya], madyamadravyam [madyama-dravya] and uttamadravyam [uttama-dravya]. These are mentioned by the saints and monks. Mud pots, chair, coral, Skelton, trees, skin, grass, straw etc all these things are ksudradravya. Clothes, cows, metals, except gold and silver are known as madhyama dravya. Gold, diamond, silk, elephant, horse etc are uttama 43 Veeramithrodayasya vyavahara prakasa- page- 395.

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247 dravya. Thieves are two types - prakasa taskara and aprakasa taskara. Narada says, those who pretend to be a drunkard, mad man, fool etc are called aprakasataskaras. Those who get into house and do thrust, those who take money, gold and every thing from the passengers, those who do theft of cattle, grains etc are known as aprakasa taskara. Thieves are of seven types. Those who steel by making holes in the walls, robe another people on their way, who kidnap men and women, those who steel coins and rupees, those who kidnap wild animals like elephant etc are called thieves. Manu says, officers have to be posted in each and every corner to catch thieves and these officers who catch the thieves are given awards by the higher authorities. These are mentioned in vyavaharamala. Thieves should be caught and king should confirm them as thieves and give punishments according to their theft. While punishing thieves, king has to think properly and give punishments of death. By this, king will become famous will have more prosperity. If king does not take any action against the thieves,

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248 then his country will be in dangerous situation and he will not get any blessings of god. Those who make malpractices in price, weight, doing signature etc, must pay 1080 pana as fine for uttamasahasa. Yajnavalkya says: those who do black-marketing should be punished. If malpractices are done, in the case of medicine, oil, salt, perfumes, grains etc then the concerned person should pay 16 pana as fine. Those who say bad things about the goods and those who take goods without giving taxes, those who take goods by corruption, all these people have to pay 1/8 part of fine. 1/2 part of tax should be taken for the goods which are kept for sale according to king's orders. If king restricts the sale of these goods, if any one tries to sell the goods like diamond, gold etc without the permission of the king, then the king should consficate the goods directly. If the patient is suffering due to the carelessness of the doctor or if the doctor is prescribing false medicines without knowing the intensity of disease, then the doctor must be punished as the thieves.

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249 The doctor, who can not understand the disease and they cannot prescribe the medicine, tests those medicines on animals, will get fine for Pradhama sahasa. If it is to test on human beings then he has to pay fine for Madhyamasahasa. The person who mixes up copper and other metals with gold and the person who sells old meats would be punished by cutting any of his three parts of the body and he has to pay fine for Uttama sahasa. The cloths which have given for laundry and that man take himself it then he has to pay 3 pana as fine. If he sells the above mentioned cloths, then he has to pay fine for 10 pana. Or if the clothes are missing, then he should give the money according to the value of the clothes.

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